California Spousal Support/Maintenance/Alimony Factors

In California the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall consider all of the following circumstances: (a) the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following: (a) earning capacity (b) the extent to which the supported party helped support the other party in gaining an education or maintaining a career. (c) The supporting party’s assets and ability to pay support. (d) the standard of living during the marriage. (e) The assets and separate property, of each party. (f) The length of the marriage. (g) The ability to gain employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health condition of the parties. (i) history of domestic violence between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party. (j) any tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting
within a reasonable period of time. (California Code - Sections: 4320, 4324, 4330)